Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The examiner acknowledges the amendments made to the claims 1, 8, 10-11. Claims 1-13 currently remain pending in the present application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being anticipated by Lin (US Patent No 20210378853) in view of Huang (US Patent No 20210135416).
Regarding claim 1, Lin teaches a smart wearable device (wearable device 10, [0023]), which is held on an upper arm of a wearer (may be applied to parts of the body such as the knee, elbow, neck or torso, [0026], in which the elbow is found on the arm of the user and may be considered the upper arm) by a plurality of contact pad sets (skin contact pads 130, [0023]), comprising: a connection unit (modular brace 110 seen as a connection unit, [0038]), having a connection band that detachably holds on the upper arm of the wearer (modular unit 110 contains things such as adhesives and Velcro straps to orient around the body of the wearer, [0038]), a first positioning slot disposed on the connection band (see for example the orienting slots 311a which are first positioning slots found on the connection band, fig 3), a first positioning set disposed on the first positioning slot (wherein the positioning slots can be configured to have external add-on members such as members 120a, [0023], thereby creating a first positioning set), a second positioning slot disposed on the connection band (see for example the orienting slots 311b which are second positioning slots found on the connection band, fig 3), and a second positioning set disposed on the second positioning slot (wherein the positioning slots can be configured to have external add-on members such as members 120b, [0023], thereby creating a second positioning set), the connection band having a first end and a second end opposite to the first end, a horizontal line being formed from the first end to the second end (see for example a theoretical horizontal line from first slot members 311a constituting a first end to second slot members 311b constituting a second end opposite the first, fig 3), the first positioning slot being at the first end, the second positioning slot being at the second end (see for example a theoretical horizontal line from first slot members 311a constituting a first end to second slot members 311b constituting a second end opposite the first, fig 3); a first sensing module, detachably disposed on the first positioning slot, having a first sensing set on the first positioning set (wherein the positioning slots 311a can be configured to have external add-on detachable members such as members 120a, [0023], thereby creating a module in the first positioning set) wherein the first sensing set has a first sensing point, a second sensing point and a third sensing point (see from figure 1 and also [0033] which show and disclose that the physiological sensing capabilities occur via the sensor pads 130, in which each sensor pad 130 corresponds to a specific sensing point); a second sensing module, detachably disposed on the second positioning slot, having a second sensing set that is on the second positioning set (wherein the positioning slots 311b can be configured to have external add-on detachable members such as members 120b, [0023], thereby creating a module in the second positioning set) and held on the upper arm of the wearer through one of the plural contact pad sets (held on using skin contact pads 130, [0023]); and an extension unit, having an extension band that detachably connects with the connection band (see for example the interconnect members 214 which act as an extension band connected to the connection band, see also fig 2A and [0045]), a first extension block at one end of the extension band forming a vertical line with a second extension block at another end of the extension band, wherein the vertical line is vertical the horizontal line, a first fastening set on the first extension block, and a second fastening set on the second extension block (see for example [0047] which explains how the interconnect members may have engagement techniques such as a loop arrangement between 214a, seen as the first extension block, and 214b, seen as the second extension block, for fastening the members to the connection band, and see figure 2A in which the extension member 214 is found perpendicular or vertical to the horizontal line of the connection band 110), then the first fastening set connects with one of the plural contact pad sets in order to let the first extension block hold on the arm of the wearer, the second fastening set having fourth fastening member, fifth fastening member and sixth fastening member.
Lin does not teach that the fourth fastening member being connected with the first sensing point, the fifth fastening member being connected with the second sensing point, and the sixth fastening member being connected with the third sensing point.
However, the analogous signal sensing wearable device taught by Huang does teach that the fourth fastening member being connected with the first sensing point, the fifth fastening member being connected with the second sensing point, and the sixth fastening member being connected with the third sensing point (see from Huang, in which there are a plurality of sensing modules SM disposed along the wearable device, fig 3, and the signal connecting line P2-1 contains a plurality of signal wires P8 that form a variety of sensing points SN in the sensing modules SM, wherein each plurality of signal wires P8 is equated to at least one sensing point in the module, leading to over four different sensing points as seen in fig 4. See also from fig 4 in which there are a plurality of connecting slots or equivalent fastening members N22-S for receiving the plurality of signal wires P8, therefore with the disclosure of at least two sensing modules SM there would be a first modules with connection slots or fastening members one through three, and the second modules would contain fastening members four through six respectively. In which the fastening members four through six would be connected with sensing points one through three respectively, [0040]-[0042]).
Therefore, it would have been obvious for one skilled in the art prior to the effective filing date to combine the smart wearable device structure taught by Lin to contain the specific sensing point fastening structure as disclosed by Huang, as it is another known fastening structure in the art, and it would allow for the efficient mechanical connection of the sensing modules and sensing points to connect to the wearable device for use, as taught by Huang, [0041].
Regarding claim 2, Lin teaches the smart wearable device according to claim 1, wherein the first positioning set has a first positioning hole, a second positioning hole, and a third positioning hole (see from Lin fig 3 in which the first positioning set configuration 311a has three distinct positioning holes), a first set point being defined based on the first positioning slot as a center, the first positioning hole, the second positioning hole and the third positioning hole being disposed around the first set point, the first positioning hole being on the horizontal line, the second positioning hole and the third positioning hole being disposed up and down along the vertical line, and located on one side of the first positioning hole (please see the Lin annotated figure 3 below which illustrates the first second and third position holes and their relation to the theoretical horizontal and vertical lines).
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Lin annotated figure 3.
Regarding claim 3, Lin teaches the smart wearable device according to claim 2, wherein the second positioning set has a fourth positioning hole, a fifth positioning hole, and a sixth positioning hole, a second set point being defined based on the second positioning slot as a center, the fourth positioning hole, the fifth positioning hole, and the sixth positioning hole being disposed around the second set point (please see the Lin annotated figure 3 above which defines the fourth, fifth and sixth positioning holes disposed around the second set point).
Regarding claim 4, Lin teaches the smart wearable device according to claim 3, wherein the fourth positioning hole is on the horizontal line, and the fifth positioning hole and the sixth positioning hole are disposed up and down along the vertical line, and located on one side of the fourth positioning hole (please see the Lin annotated figure 3 above which defines the fourth, fifth and sixth positioning holes and their relation to the theoretical horizontal and vertical line).
Regarding claim 5, Lin teaches the smart wearable device according to claim 1, wherein the first positioning slot and the second positioning slot are disposed on the horizontal line at a bilateral symmetrical interval, and the first positioning set and the second positioning set are disposed at a bilateral symmetrical interval on the horizontal line (see from the annotated figure 3 above in which the first and second positioning slots and corresponding holes and sets are found symmetrically disposed at an interval along the theoretical horizontal line).
Regarding claim 6, Lin teaches the smart wearable device according to claim 3, wherein the first positioning slot has a first flange that protrudes outwardly along a peripheral of the first positioning slot and is based on the first set point as a center, the first flange being disposed close to the second positioning hole and the third positioning hole, the second positioning slot has a second flange that protrudes outwardly along a peripheral of the second positioning slot and is based on the second set point as a center, the second flange being disposed close to the fifth positioning hole and the sixth positioning hole (see from the Lin annotated figure 3 above in which there are a first and second flange located relatively near the second and fifth positioning holes of the device).
Regarding claim 7, Lin teaches the smart wearable device according to claim 1, wherein the connection band further has a plurality of alignment calibration lines at the second end, the plurality of alignment calibration lines being spaced apart from each other and arranged along the vertical line (see from Lin fig 3 the central strips 312 which are found along the vertical line and allow the slot groups 311a and 311b to be laid out symmetrically, [0049], thereby performing as alignment calibration lines).
Regarding claim 8, Lin teaches the smart wearable device according to claim 1, wherein the connection band further has a first joint member at the first end and a second joint member at the second end, the first joint member and the second joint member being connected with each other in order to hold the connection band on the arm of the wearer (see from fig 2B in which the interconnect members 214a and 214b, which are found adjacent to both the first end and second end, are connected to a brace member 210b which acts in conjunction with the interconnect members to form a joint connection over the body of the wearer so that the device stays in place during use, [0046], see also how the members may be applied to parts of the body such as the knee, elbow, neck or torso, [0026], in which the elbow is found on the arm of the user).
Regarding claim 9, Lin teaches the smart wearable device according to claim 1, wherein the first sensing module further has a first physiological sensing circuit, and the second sensing module further has a second physiological sensing circuit (see [0068] in which the add-on members 120a and 120b may be provided with a variety of physiological sensing components), the first physiological sensing circuit, the second physiological sensing circuit and a multimedia interactive system being connected with each other in wireless (wherein the physiological sensing circuits are capable of establishing wireless communication with the multimedia system, [0037]).
Regarding claim 10, Lin teaches the smart wearable device according to claim 3, wherein the first sensing point connecting with the first positioning hole, a second sensing point connecting with the second positioning hole, and a third sensing point connecting with the third positioning hole, and the second sensing set has a fourth sensing point connecting with the fourth positioning hole, a fifth sensing point connecting with the fifth positioning hole, and a sixth sensing point connecting with the sixth positioning hole (see from figure 1 and also [0033] which show and disclose that the physiological sensing capabilities occur via the sensor pads 130, in which each sensor pad 130 corresponds to a specific first through sixth hole found on the first and second slot members 111. Thereby resulting in specific first through sixth sensing capabilities).
Regarding claim 11, Lin teaches the smart wearable device according to claim 10, wherein a third set point is defined based on the first extension block as a center, and a fourth set point is defined based on the second extension block as a center, the first fastening set having a first fastening member, a second fastening member, and a third fastening member, the first fastening member, the second fastening member and the third fastening member being disposed around the third set point, the second fastening set having a fourth fastening member, a fifth fastening member, and a sixth fastening member, the fourth fastening member, the fifth fastening member and the sixth fastening member being disposed around the fourth set point (please see the annotated figure 2A below which described all sixth fastening members and how they are oriented around a theoretical third and fourth set point. The examiner understands that the fourth, fifth and sixth fastening members surrounding the fourth set point are difficult to see due to the figure, however as the device of Lin is symmetrical, the fourth, fifth and sixth fastening members mirror that of the first, second and third members as shown).
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Lin Annotated Figure 2A.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US Patent No 20210378853) in view of Huang (US Patent No 20210135416).
Regarding claims 12 and 13, Lin does not explicitly teach that the first fastening member, the second fastening member and the third fastening member are rotated 30 to 50 degrees clockwise with respect to the fourth fastening member, the fifth fastening member, and the sixth fastening member and that the fourth positioning hole, the fifth positioning hole and the sixth positioning hole are rotated 15 to 30 degrees clockwise with respect to the first positioning hole, the second positioning hole, and the third positioning hole. However, Lin does disclose in the specification paragraph [0071] that due to the modularity of the design which contains up to three brace modules, the device is able to handle extremely great degrees of flexibility relative to each brace module in order to account for and handle the bend and movement of the potential upper or lower body placement depending on where the device is found on the user which may be the elbow, shoulder, knee, etc. In which each fastening member and positioning hole correspond to each one of the three brace modules, and thereby also contain extreme degrees of flexibility to account for the relative movement of the wearer.
Therefore, it would have been obvious for one skilled in the art to apply the teachings of Lin to account for and teach the relative device rotation between the first fastening member, the second fastening member and the third fastening member to be rotated 30 to 50 degrees clockwise with respect to the fourth fastening member, the fifth fastening member, and the sixth fastening member and account for the fourth positioning hole, the fifth positioning hole and the sixth positioning hole are rotated 15 to 30 degrees clockwise with respect to the first positioning hole, the second positioning hole, and the third positioning hole, as these rotation ranges are common ranges that account for the movement of patient appendages in the upper body such as the shoulder or elbow device region, as taught by Lin, [0071].
Response to Arguments
Applicants’ arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, with regards to the argument presented that the prior art of Lin alone does not teach the amended limitation that the fourth fastening member being connected with the first sensing point, the fifth fastening member being connected with the second sensing point, and the sixth fastening member being connected with the third sensing point, the argument has been considered but ultimately falls moot. The examiner agrees with the applicant that the prior art of Lin alone does not teach the amended claim limitation. However, upon further search and consideration, necessitated by the amended limitation, it has been found that the new analogous prior art of record of Huang does go on to reasonably teach and disclose the fastening member and sensing point orientation and structure as claimed in the newly amended limitation. Specifically, Huang does teach that the fourth fastening member being connected with the first sensing point, the fifth fastening member being connected with the second sensing point, and the sixth fastening member being connected with the third sensing point (see from Huang, in which there are a plurality of sensing modules SM disposed along the wearable device, fig 3, and the signal connecting line P2-1 contains a plurality of signal wires P8 that form a variety of sensing points SN in the sensing modules SM, wherein each plurality of signal wires P8 is equated to at least one sensing point in the module, leading to over four different sensing points as seen in fig 4. See also from fig 4 in which there are a plurality of connecting slots or equivalent fastening members N22-S for receiving the plurality of signal wires P8, therefore with the disclosure of at least two sensing modules SM there would be a first modules with connection slots or fastening members one through three, and the second modules would contain fastening members four through six respectively. In which the fastening members four through six would be connected with sensing points one through three respectively, [0040]-[0042]). Therefore, as the new prior art of record of Huang goes on to teach the claim limitation as newly amended, the claim 1 remains rejected under the new prior art of record rejection of Lin in view of Huang set forth in the present office action.
As no further arguments or remarks have been made regarding any of the other dependent claims, they too remain rejected under the prior art of record rejection set forth in the present office action.
Conclusion
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/KYLE M. BROWN/Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
